WILLS - LEGACY TO CREDITOR - PRESUMPTION OF SATISFACTION OF DEBT

Authors

Michigan Law Review, University of Michigan Law School

Abstract

Plaintiff, a bank employee and personal friend of the testatrix, rendered to her and her late husband frequent and considerable services in connection with the management of their property. He received no compensation for these services, but both wife and husband indicated that he was to be compensated in the will of the survivor of the couple. There was evidence that the amount of such compensation was to be as much as $12,000. Actually, plaintiff received about $3,000 by the wife's will. It was not indicated in the will whether or not the legacy was intended to satisfy the indebtedness. Plaintiff now claims $10,825 for his services in addition to the legacy. Held, one justice dissenting, the legacy was given in satisfaction of the debt, and the additional claim must be disallowed. In re Estate of Cooke, 207 Minn. 437, 292 N. W. 96 (1940).

Recommended Citation

Michigan Law Review, WILLS - LEGACY TO CREDITOR - PRESUMPTION OF SATISFACTION OF DEBT, 39 Mich. L. Rev. 677 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss4/26